AGB

AGB, Terms of Use, and Disclaimer

Sorry to everyone for this lengthy page. Since this is my first Blog, due to legal concerns, there are a lot of formal disclaimers included here. Let’s hope some day legislation will have caught up and made publications on the Internet more secure not only for the reader, but also for the publisher. In case of and before taking any legal action, please give me a chance to respond or remove your issue first. Consider you may destroy the life of a father of a small family, living from small Shareware-type applications, and occasional freelancer consultancy.

Thank you.

Martin Bernhardt, 2013-2016.


  • Simulation Models, Parametrization and Formula

Simulation Models and Theories expressed or explained in our Blog or on our Website are all purely subjective and personal opinions. No harm intended. Feel free to comment any of our articles. We appreciate to see another point of view, even if completely different. If you like something, rate it with stars, and a little nice word is always appreciated. We’ll most probably change everything that is not well rated over time. We reserve the right to remove anything you write at some point in future; however, due to the nature of the general idea, we do not intend to ever do so. If you have a problem with any message or content posted on one of our Websites or one of our SocialMedia accounts, please let us know.

Due to the nature of System Dynamics being a Top-Down Approach for analysis and understanding of complex system behaviour, all parameters and formulas we use for prototype models perform as sample configuration, only. Any requirement of adjustments to default formula or input parameters of our software will require an individual contract (check the idea and development competitions below). Should you have expert knowledge and claim that any specific formula or parameter should be adjusted to be more precise or correct, this is welcome, so please let us know. We are grateful for any comment, and do our work as good as possible. As part of our principles though, please know that we never consider such feedback as a description of defect. Formally spoken, all of our products are simply game models. We do not claim they fulfil any specific reason or meaning. It is forbidden to use our software for any military purpose, as well as to rely upon our software for critical infrastructure or other circumstances that may endanger the life of people.

You agree to use anything we publish or send to you on your own risk, except where otherwise stated in written offering. It is our intention to enable you, the user, to verify, understand, and parametrize our software, including model and purpose, to use them on your own behalf, and for the purpose of optimization of your business after verification. We do everything as good as possible here, but there’s always the chance of a mistake.


  • Support, Simulation Ideas, Platform Bugs, Features, and Enhancments

We’re always happy for constructive criticism, feedback and bug reports. Especially, we’ll accept bug reports and enhancement requests against our products.

Send any bug or enhancement for our software platform to @dynamic_qs. This is free.

Send any new idea of a big a small prognosis, amortization or nature simulation you’d like to investigate, to @dynamic_idea. There is a user voting included.

We hereby confirm:

  1. we’ll work on exactly that one idea in the next month, as soon as the most important bug is fixed, in R&D time (research and development time, up to the full month).
  2. as soon as it’s ready for release, we’ll offer your solution as a free Download on this website for one (1) month only.
  3. we’ll inform of new releases in our SocialMedia Newsticker, @dynamions, on Twitter. Join us there and stay tuned for publication of your winner’s feature.

We kindly ask to understand that we may not accept or prioritize any other defect for free, especially talking about un-documented features, ideas, desirements, that did not make it to the top of the list.

As long as documented features are concerned by an issue, we’ll take a look at it, of course. We’ll try to fix any issues in documented features as soon as possible. This concerns issues in the calculation engine or the general method of formula solving and value calculation.

Should there be a major defect prevent you from using our software, or other major issue that keeps you from using the software, and cannot be resolved within four (4) weeks of your first reporting to your satisfaction, we hereby give you a money back warranty. In any case, refunds are limited at maximum to the full sales price of your application and you have to inquire personally, per EMail or letter, about such refunds.

If you don’t agree to our feedback and support conditions, we recommend you look for some other company to help you on.


  • Limitation of liability for internal content

The content of our website has been compiled with meticulous care and to the best of our knowledge. However, we cannot assume any liability for the up-to-dateness, completeness or accuracy of any of the pages. Pursuant to Section 7, Paragraph 1 of the TMG (Telemediengesetz – Tele Media Act by German law), we as service providers are liable for our own content on these pages in accordance with general laws. However, pursuant to Sections 8 to 10 of the TMG, we as service providers are not under obligation to monitor external information provided or stored on our website. Once we have become aware of a specific infringement of the law, we will remove the content in question as soon as possible. Any liability concerning this matter can only be assumed from the point in time at which the infringement becomes known to us.


  • Limitation of liability for external Links

Our website contains links to the websites of third parties (“external links”), for example, Social Media Websites. As the content of these websites is not under our control, we cannot assume any liability for such external content. In all cases, the provider of information of the linked websites is liable for the content and accuracy of the information provided. At the point in time when the links were placed, no infringements of the law were recognisable to us. As soon as an infringement of the law becomes known to us, we will remove the link in question as soon as possible.


  • Data Protection and Personal information

Our website can generally be used without providing any personal details. As far as personal details (such as name, address or e-mail) are collected on our sites, this will always take place on a voluntary basis if possible. These details shall not be forwarded to third parties. As far as a contract between you and us has to be defined or changed or if you need to make an inquiry to us, we collect and use personal information about you only to the extent necessary for those purposes (inventory data). We collect, process and use personal data to the extent necessary to enable you to use our web offering (user data).

Personal data shall be stored only as long as this is required for the specific purpose (processing your request or contract arrangement).

A visit to our website may result in the storage on our server of information about the access (date, time, page accessed). This does not represent any analysis of personal data (e.g., name, address or e-mail address). If personal data are collected, this only occurs – to the extent possible – with the prior consent of the user of the website. We would like to expressly point out that the transmission of data via Internet (e.g. by eMail or Download transfer) can offer security vulnerabilities. It is therefore impossible for us to safeguard the data completely against access by third parties. We cannot assume any liability for damages arising as a result of such security vulnerabilities.

The use by third parties of all published contact details for the purpose of advertising is expressly excluded. We reserve the right to take legal steps in the case of the unsolicited sending of advertising information; e.g. by means of massive spam mail. The content and works published on this website are governed by the copyright laws of Germany.

We have no problem with sharing our own imagery or content when reporting about us on SocialMedia, or professional news, review, or testing Websites. This is 21st century and SocialMedia has been invented for that purpose. However, we feel not in a position to formally grant you any rights following from that. Therefore, formally and in case of question, any re-publication, duplication, processing, distribution or any form of utilisation beyond the scope of copyright law shall require the prior written consent of the author or authors of the content.


  • Links to SocialMedia and 3rd party websites

If you continue to use or enter Twitter, Facebook, Google+, YouTube, LinkedIn, Xing, Eventbrite, Paypal, Wikipedia, WordPress, or any other SocialMedia Network or 3rd party Website through one of our pages, please note that the copyright and data protection information on the respective service provider’s website may apply, especially when interacting with their service by means of links, buttons, or icons.

We do not claim ownership or responsibility for any links to external websites, and hereby inform you that such content may be changed anytime without our knowledge.

We do not claim ownership or responsibility for any comments or links posted in the comment articles on some of our articles. As soon as an infringement of the law becomes known to us, we will remove the link or content in question as soon as possible.


  • Data protection statement for the use of Google Analytics

This Website or WordPress.com as the Website service provider may use Google Analytics, a web analysis service from Google Inc. (“Google”), so just in case: Google Analytics uses “Cookies”, i.e. small texts which are stored on your computer and which enable you to analyse the use of the website. The information that the cookie generates on your use of this website will generally be transferred to and stored on a Google server in the USA. Only in exceptional cases will the full IP address be transferred to and stored on a Google server in the USA according to our best knowledge. Google will use this information on behalf of the operator of this website in order to evaluate your use of the website, to compile reports on the website activities and in order to provide the website operator with more services connected with the use of the website and the Internet. The IP address sent from your browser in the context of Google Analytics shall not be combined with other Data from Google. You can prevent the storage of cookies by the respective setting on your browser software; we would however point out to you that you may not in this case be able to use all of this website’s functions.

You may prevent Google from downloading, installing and processing the recording of the data created by the cookie and relating to your use of the data (incl. your IP address) by downloading and installing the browser plug-in via the following link: http://tools.google.com/dlpage/gaoptout?hl=de.


  • Data protection statement for the use of Twitter.com or Twitter plugins

This website also uses the web messenger twitter.com, provided by Twitter Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA. Twitter offers the so called “tweet”- function. This enables you to publish a 140 character message including website-links on your own twitter account. If you use the “tweet”-function on our website, the website will be connected with your twitter account and eventually published there. Twitter also receives data. We do not get any information on the content and data that you use with twitter. For further information on data protection of twitter please refer to: http://twitter.com/privacy. Twitter also offers you the possibility to personalize your data protection settings.: http://twitter.com/account/settings.


  • Data protection statement for the use of Facebook or Facebook plugins

Our sites may include plugins to the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA. The Facebook plugins are recognizable by the Facebook logo or the “Like-Button” (“Gefällt mir”) on our site. A summary of the Facebook plug-ins can be found here: developers.facebook.com/docs/plugins/. When you visit our sites, the plugin will create a direct connection between your browser and the Facebook server. Facebook will then receive the information, via your IP address that you have visited our site. If you click the Facebook “Like-Button” when you are logged onto your Facebook account, you can link the contents of our sites on your Facebook profile. Facebook can then attribute your visit to your user account. We would like to point out that as the provider of the sites, we receive no knowledge of the content of the data supplied or their use by Facebook. More information on this can be found in the Facebook data protection statement under http://de-de.facebook.com/policy.php.

If you do not wish Facebook to be able to attribute your visit to our sites to your Facebook user account, please log out from your Facebook user account.


  • WordPress.com Website hosting information

This Website is hosted by WordPress.com. This means that any contents or data you enter on this Website may be transferred to WordPress.com in the United States of America with or beyond our knowledge. There is a statistical evaluation included with WordPress.com which shows us the number of users visiting our Website or single pages, on a daily basis, up to the localization of your country.

Please refer to the Privacy PolicyCopyright and Fair Use, and Policies and Safety sections on the WordPress.com Website for details about their service. We hereby state that these policies, especially regarding data transfer, cookies, embedded content, protection and copyright laws, may apply to our Website as being hosted on WordPress.com.


  • Right to information

You are entitled the right to request immediate and free of charge disclosure on the personal information that we have collected or stored, at any given time. You are entitled the right to immediately withdraw your given consent for future usage of your personal information at any time. For your right of disclosure please refer to our contact details.


  • Protection against third party encroachment

Auf Grund der zuvor gemachten Zusage der Entfernung evtl. fraglichen Contents besteht keine Ver­an­las­sung, die Ver­let­zung fremder Rechte zu rügen.

Es fehlt an einem ent­spre­chenden Rechtsschutzbedürfnis. Wir berufen uns auf § 8 Abs. 4 UWG in Verbindung mit § 226 BGB, und behalten uns eigene rechtliche Schritte ggf. vor.

Reference:

http://m.faz.net/aktuell/feuilleton/medien/framing-urteil-ein-gespraech-mit-dem-medienrechtler-carl-christian-mueller-13239119.html

https://www.eff.org/press/releases/important-win-fair-use-dancing-baby-lawsuit


Gerichtsstand ist, soweit rechtlich zulässig, das Amtsgericht Lemgo.


  • Thank you

Thanks to unsplash.com for all their wonderful support: our major source of inspiration and photos. Welcome to 21st century, age of surplus information.

Special Thanks to Alex Wigan from Melbourne, Australia for his wonderful photography of a blue laguna in early morning.

Our Website is based on WordPress.com, a free software service.
Realized by a 2004 startup: Auttomatic, Inc. Congratulations, WordPress. A fine approach.

Excellence.